Sanchez v. State
Sanchez v. State
Opinion of the Court
OPINION
delivered the opinion of the Court,
Appellee was charged in a Dallas municipal court with a consumer affairs violation. On the day the case was set for trial, he made an oral motion to quash the complaint. The municipal court granted Ap-pellee’s motion to quash in an unrecorded hearing. Arguing that the motion was untimely according to Texas Code of Criminal Procedure article
The issue in this case is one that has not been examined directly by this Court. Under article 45.019(f) of the Texas Code of Criminal Procedure, what does the phrase “before the date on which the trial on the merits commences” mean? Tex. Code Crim. PROC. Ann. art. 45.019(f) (Vernon 2002). Is the phrase to be interpreted by its literal meaning, in which case a defendant must object before the date on which the trial starts, or should the phrase mean, rather, that the defendant must object before the date on which the case is set for trial?
The overall goal when interpreting a statute is to give effect to the collective intent or purpose of the Legislature that enacted the statute. Boykin v. State, 818 S.W.2d 782, 785 (Tex.Crim.App. 1991). To do so, one must focus on the literal text of the statute and try to discern the fair, objective meaning of that text. Id. If the meaning of the text is clear and unambiguous, the court should give effect to that meaning. Id. If however, the statute is ambiguous or the plain meaning of the statute would lead to absurd consequences that the Legislature could not possibly have intended, extratextual sources may “then and only then, out of absolute necessity,” be consulted. Id.
The first step is therefore to discern the plain meaning of the statute according to the literal text. Boykin, 818 S.W.2d at 785. Chapter 45 of the Texas Code of Criminal Procedure, which governs criminal actions in municipal and justice courts, states (in relevant part):
If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant waives and forfeits the right to object to the defect, error, or irregularity.
Tex.Code Crim. Proc. Ann. art. 45.019(f) (Vernon 2002) (emphasis added). The Court of Appeals used the dictionary to find that “commence” means “to begin, start” or “to initiate formally by perform
The State argues that the Court of Appeals: 1) failed to consider instructive authority and 2) interpreted article 45.019(f) in a manner that leads to absurd consequences. The State urges that although the literal text of the statute would mean what the court of appeals claims, the results are so absurd that such a meaning could not have been intended by the Legislature. Rather, the State insists that the phrase “before the date on which the trial on the merits commences” should be construed to mean that the defendant must make a motion to quash before the date on which the case is set or scheduled for trial. Under the State’s interpretation, then, Ap-pellee’s motion to quash, on the date the case was set for trial, was untimely.
Case Law
The State concedes that this Court has never before determined the meaning of “before the date on which the trial on the merits commences” in article 45.019(f), but cites to cases which have analyzed identical language in other Texas statutes. Because the language is the same, the State uses the cases for instructive purposes. In one instance, this Court interpreted the exact same language contained in article 1.14(b) of the Texas Code of Criminal Procedure.
The State insists that since the Court in Turner declared the defendant’s motion untimely because it was made on “the day of trial,” and since the motion was made on the date the case was set for trial but before anything had occurred to “begin” the trial, the language in the statute must mean that the motion needs to be filed before the date on which the case is set for trial. We disagree with the State’s interpretation of Turner. In an important footnote, the majority in Turner responded to Judge Baird’s dissent which asked the majority to determine when “trial on the merits commences.” 898 S.W.2d at 310 (Baird, J. dissenting) (“Because the Legislature did not define when ‘trial on the merits commences,’ it is incumbent upon us to determine what constitutes trial on
The Court of Appeals’ dissent cites to another case which it deems instructive. See Sanchez, at 706 (James, J., dissenting), citing Sodipo v. State, 815 S.W.2d 551, 552 (Tex.Crim.App. 1990), opinion on rehearing at 1991 Tex.Crim.App. LEXIS 126 (June 12, 1991). In Sodipo, on “the day of trial,” but prior to jury selection, the State moved to amend the indictment under article 28.10(a) of the Texas Code of Criminal Procedure.
Absurd Results
The State maintains that applying the statute’s plain meaning will lead to absurd results the Legislature could not possibly have intended. First, the State comments that applying the statute’s literal text causes the timeliness of a motion to quash to be determined by subsequent events: If the court grants the motion to quash, the motion is timely because the trial will start at a later date; but, if the court denies the motion to quash and trial commences on that day, then the defendant’s motion is untimely (after the fact) because it will not have been made on the day before trial commenced. The State is correct. But, as Appellee notes, a case may be set for trial numerous times. As such, under the State’s proposed interpretation, if the case is re-set, the defendant is likewise uncertain as to when will be the particular day before which he must object for the motion to be timely. Therefore, the defendant faces an amount of uncertainty in either situation. Using the plain meaning of the statute, the defendant would still be aware that if the case goes to trial on the set date, then a motion on that date would be too late. Hence, he is on notice that he is taking a risk by objecting on that day. We decline to say that the Legislature could not have intended such a meaning.
Second, the State argues that applying the plain meaning of the statute encourages sandbagging, giving the State no notice and no opportunity to correct the error before trial. The State cites Van Dusen v. State, 744 S.W.2d 279 (Tex.App.Dallas 1987), in support of this concern. In Van Dusen, the defendant complained of the information for the first time on the day of trial.
In the case Sanders v. State, 978 S.W.2d 597 (Tex.App.Tyler 1997, pet. ref'd), the State twice moved to amend the indictment on the date the case was set for trial pursuant to article 28.10. Id. at 598. The trial court granted both of the State’s motions. Appellant requested and received a ten-day continuance, and a jury was not selected until after that ten-day period. The court held that trial on the merits therefore had not commenced on that date. Id. In Carpenter, another article 28.10 case, the State moved to amend the indictment on the day that trial was “scheduled to start,” even though the case did not go to trial that day. The defendant wanted the court to construe “date” in article 28.10 to mean “the day the trial is scheduled to start,” as the State asks us to do here. Id. at 16. The court in Carpenter, however, was “not persuaded,” and we are similarly not persuaded today. Id. at 16-17.
In Turner, the Court stated that article 1.14(b) “means what it says.” 898 S.W.2d at 306. We likewise agree that article 45.019(f) means what it says. If the Legislature wanted the statute to mean that a defendant must make a motion to quash before the date on which the cause was set for trial, it could simply have said so, as it did in articles 28.01 and 46.03 of the Texas
. Unless otherwise noted, all future references to Articles refer to the Texas Code of Criminal Procedure.
. Article 1.14(b) states, in relevant part: “If the defendant does not object to a defect, error, or irregularity of form or substance in an indictment or information before the date on which the trial on the merits commences, he waives and forfeits the right to object....” Tex.Code Crim. Proc. Ann. art. 1.14(b) (Vernon Supp. 2003) (emphasis added). Although article 1.14(b) refers to an "indictment or information” (instead of a “charging instrument” in article 45.019(f)), the distinction is irrelevant. See Sanchez, at 704, n. 5 (James, J., dissenting).
. Article 28.10 states, in relevant part: “...a matter of form or substance may be amended at any time before the date the trial on the ments commences." Tex.Code Crim. Proc. Ann. art. 28.10 (Vernon 2002) (emphasis added).
. It is worth noting that the State had announced "ready” on January 27, 1986, but the case "did not come to be heard” until February 13, 1987. Van Dusen, 744 S.W.2d 279. The court did not distinguish between the date set for trial and the date trial commenced when it said the motion was made on "the day of trial.” But the court did cite to Aylor v. State, 727 S.W.2d 727 (Tex.App.-Austin 1987, no writ), saying that a defendant waives his right to object to a defective indictment if it is "not objected to before the date on which the trial on the merits commences.” 744 S.W.2d at 280 (citing Aylor, 727 S.W.2d at 730). Clearly then, the court did not consider the announcement of "ready” on January 27, presumably the date the case was set for trial, as the commencement of the trial on the merits.
. Article 28.01 says that a court can set a criminal case for a pre-trial hearing "before it is set for trial upon its merits." TexCode Crim. Proc. Ann. art. 28.01(1) (Vernon 2002) (emphasis added). Article 46.03 states that a defendant must file a notice of intent to offer evidence of the insanity defense "at least 10 days prior to the date the case is set for trial," Id. at. art. 46.03(2)(a)(l) (emphasis added).
. This opinion is not intended to indicate at exactly which point trial on the merits com-menees for the purposes of this statute. Rather, the opinion merely expresses that trial on the merits, under Article 45.019(f), does not necessarily commence on the date the case is set for trial.
Dissenting Opinion
dissenting.
Code of Criminal Procedure Article 45.019(f) says that a defendant must object to any defects in a charging instrument filed in a justice or municipal court “before the date on which the trial on the merits commences.” I understand the majority to say that, when Article 45.019(f) is read according to its plain meaning, the language quoted above refers to the date on which the trial actually begins. I also understand the majority to conclude that this does not produce an absurd result.
I cannot agree with the majority’s second conclusion. As a result, I respectfully dissent.
The majority’s construction of Article 45.019(f) will render the subsection meaningless if a trial court sustains the objection and quashes the charging instrument.
It is odd to assume that a trial will not commence on the date it is set for trial. Although trials are often reset, parties generally show up on the date trial is set prepared to begin.
I want to add a word of caution to criminal defendants. If a defendant files an objection to the charging instrument on the date that the trial is set, he will be not be allowed to appeal a trial court’s overruling of the objection if the trial actually begins on that date.
Because the majority’s construction of Article 45.019 produces absurd results, I respectfully dissent.
. I assume it would be the same for Article 1.14, which deals with objections to charging instruments in district or county courts, because the language is identical.
Reference
- Full Case Name
- Rafael SANCHEZ, Appellant, v. the STATE of Texas
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- 59 cases
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- Published